HOUSE DOCKET, NO. 3897        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1524

The Commonwealth of Massachusetts

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PRESENTED BY:

Linda Dean Campbell, (BY REQUEST)

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to child custody orders.

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PETITION OF:

HOUSE DOCKET, NO. 3897        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1524

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3718 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to child custody orders.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 31A of chapter 209C of the General Laws is hereby amended by striking out the third paragraph.

SECTION 2. Said section 31A is hereby further amended by adding the following 2 paragraphs:-

Notwithstanding any provision of this section or any other general or special law to the contrary, a court shall not issue a temporary or permanent order awarding sole custody, shared legal custody or shared physical custody to a parent against whom an active order pursuant to chapter 209A or chapter 258E was issued as a result of a complaint filed by the other parent pursuant to said chapter 209A or said chapter 258E, unless the parent who filed such complaint consents to the custody award.  A court shall not issue a permanent order awarding sole custody, shared legal custody or shared physical custody: (i) during the pendency of a complaint filed by 1 parent against the other pursuant to said chapter 209A or said chapter 258E; or (ii) if 1 parent is awarded a temporary relief order against the other without notice pursuant to section 4 of said chapter 209A or section 5 of said chapter 258E, until such time as the defendant has been provided an opportunity to be heard on the question of continuing the temporary relief order.  

If, after an award for custody has been issued pursuant to this section, an order is issued against 1 parent as a result of a complaint filed by the other parent pursuant to said chapter 209A or said chapter 258E, the court shall revisit the custody award and modify it as necessary to conform to the requirements of the preceding paragraph. 

SECTION 3. Subsection (e) of section 10 of chapter 209C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the third paragraph.

SECTION 4. Section 10 of chapter 209C of the General Laws, as appearing in the 2018 Official Edition, is hereby further amended by adding the following subsection:-

(f) Notwithstanding any provision of this section or any other general or special law to the contrary, a court shall not issue a temporary or permanent order awarding sole custody, shared legal custody or shared physical custody to a parent against whom an active order pursuant to chapter 209A or chapter 258E was issued as a result of a complaint filed by the other parent pursuant to said chapter 209A or said chapter 258E, unless the parent who filed such complaint consents to the custody award.  A court shall not issue a permanent order awarding sole custody, shared legal custody or shared physical custody: (i) during the pendency of a complaint filed by 1 parent against the other pursuant to said chapter 209A or said chapter 258E; or (ii) if 1 parent is awarded a temporary relief order against the other without notice pursuant to section 4 of said chapter 209A or section 5 of said chapter 258E, until such time as the defendant has been provided an opportunity to be heard on the question of continuing the temporary relief order. 

If, after an award for custody has been issued pursuant to this section, an order is issued against 1 parent as a result of a complaint filed by the other parent pursuant to said chapter 209A or said chapter 258E, the court shall revisit the custody award and modify it as necessary to conform to the requirements of this subsection.